Commercial Real Estate › Civil Rights

New California Landlord Disclosure Requirements Effective July 1

Two new landlord disclosure requirements become effective in California on July 1, 2013. One requires that all new commercial leases state whether the property has been inspected for disability access—and if so, the results....more

New Accessibility Disclosure in Commercial Leases

As of July 1, 2013, California Civil Code §1938 will require all commercial leases to state whether the premises have been inspected by a “Certified Access Specialist” (“CASp”) and, if so, whether the premises has or has not...more

New Commercial Property Disclosure Requirements

A recent statute and set of regulations will shortly begin to impose new disclosure requirements on commercial landlords, property sellers, and borrowers in California for leases, purchases, and financings entered into on or...more

Be Prepared: New Commercial Lease Disclosure Requirements Under California Disability Access Laws Take Effect July 1, 2013

In the fall of 2012, California Governor Jerry Brown signed Senate Bill 1186 (SB 1186). Among other things, SB 1186 reforms California’s disability access laws by: (1) banning pre-lawsuit letters from lawyers demanding money;...more

Identical Lawsuits Filed Against Eight Hotels Under Recent Pool Lift Regulation

The first eight reported lawsuits have been filed against eight different hotels over their alleged failure to install pool lifts for the disabled. It didn’t take long. The lawsuits rely on the Department of Justice’s (DOJ)...more

New Accessibility Disclosure Requirements for Commercial Landlords in 2013

The California legislature and the San Francisco Board of Supervisors recently enacted separate laws imposing on landlords disclosure requirements relating to accessibility on commercial properties. In addition, the San...more

Legal Update: New Legally Required Disclosures

Starting July 1, 2013, you will be legally required to make the following additional disclosures in certain California real estate contracts and leases: Accessibility Compliance Disclosure: California Civil...more

First ADA ATM Accessibility Class Action Lawsuit Is Filed in Atlanta

The first of what is likely to be many Americans with Disabilities Act (ADA) ATM accessibility class action lawsuits against Atlanta-area banks was filed in federal district court in Atlanta last week. The lawsuit was filed...more

Public Accommodations With Pools And Spas Have January 31 ADA Deadline

All hotels, health clubs and other public accommodations must retrofit their existing pools and spas with either a pool lift or sloped entry ramp by January 31, 2013, in compliance with the Department of Justice's (DOJ's)...more

ADA Pool And Spa Accessibility Compliance Deadline Is Rapidly Approaching

The current compliance date for making swimming pools and spas ADA accessible is January 31, 2013, although the deadline could be further extended by the U.S. Department of Justice. (DOJ has extended the compliance deadline...more

The Accessibility for Ontarians with Disabilities Act

The Accessibility for Ontarians with Disabilities Act, 2005 (the "Act") was enacted in 2005. The Act recognizes "the history of discrimination against persons with disabilities in Ontario" and has, as its primary purpose,...more

Proposed “Homeless Person’s Bill Of Rights And Fairness Act” Will Have Huge Impact On Government And Business

California’s Unruh Civil Rights Act, Civil Code Section 51, generally provides that all persons within California are free and equal, regardless of their sex, race, color, religion, ancestry, national origin, disability,...more

Pool and Spa Accessibility Requirements Take Effect on January 31

On January 31, 2013, the deadline for lodging facilities and other places of public accommodation to comply with new accessibility regulations for pools and spas takes effect. The regulations were issued by the Department of...more

Prevailing Property Owners May Recover Attorney Fees After Defending Accessibility Lawsuit

California Supreme Court issues more liberal rule for property owner to recover attorney fees after defending accessibility lawsuit. The California Supreme Court has issued a ruling making it easier for a commercial...more

LIttle Nell, et. al. v. City of Houston, et. al.

Immunity and Jurisdictional Drainage Fee Flow Chart

Jurisdictional Flow Chart created in response to a Plea to the Jurisdiction filed by the City of Houston and Daniel Krueger, in his official capacity, claiming the 129th District Court of Harris County, Texas, has no...more

New Law Aims to Cut Abuse in Disability Access Lawsuits

Most business and commercial property owners have had at least one brush with a disability access lawsuit. Because a defendant in these lawsuits must pay a successful plaintiff’s attorneys' fees, the lawsuits are often...more

Koontz v. St. John's River Water Management District

Brief Amicus Curiae of Owners' Counsel of America in Support of the Petitioner

Today, on behalf Owners' Counsel of America, we filed this amicus brief in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). That's the case asking whether the "essential nexus" and "rough...more

Property Owners Have No Indemnification or Other Liability-Shifting Rights Against Consultants Whose Advice Results in ADA Title...

Owners of "public accommodations" covered by Title III of the Americans with Disabilities Act, as well as public entities with facilities governed by Title II of the ADA, often rely on the advice of consultants for compliance...more

California Property and Business Owners Gain Protection from Predatory ADA Lawsuits

California business owners gained new protection against expensive, predatory lawsuits involving disability access laws last week as Gov. Jerry Brown signed into law Senate Bill 1186. It became effective September 19, 2012....more

Is That Really a Service Animal?

Published on the National Business Institute Continuing Legal Education (CLE) website as an installment in Michael Kaiser's Animal-Law blog. http://cleblog.nbi-sems.com/2012/01/the-law-and-service-animals/...more

Justice Department Extends Deadline for Swimming Pool Compliance Accessibility under the Americans With Disabilities Act

Hotel and resort owners are keenly interested in the Americans With Disabilities Act of 1990 (ADA), because of its multiple requirements for removing accessibility barriers that hinder disabled persons from use of...more

Evolving Free Speech Legislation Threatens the Rights of Property Owners [Video]

There is conflict between the free speech rights guaranteed by the U.S. Constitution and the right of shopping mall owners. Shopping malls are considered pseudo public spaces by California courts so many free speech tenets...more

Free Speech and Shopping Malls: Resources to Help Landlords and Property Owners Stay Compliant [Video]

Ever since the Pruneyard decision, public shopping malls have been seen as an extension of the public square. Although the property is private, protesters have free speech rights granted by the U.S. and California...more

Property and Business Owners' Precondemnation Damages Claims Dismissed

We've covered in the past the impacts property and business owners suffer when government agencies plan for public projects. We've also covered when agency planning crosses the line and results in precondemnation damages or...more

Justice Scalia Predicts Kelo v. City of New London Will be Overturned

When we think of some of the most well-recognized and controversial decisions from our judicial system, cases like Roe v. Wade (abortion) and Dred Scott v. Sandford (slavery) come to mind. Within our group of right of way...more